CHAPTER I

The Problem and Its Setting

Introduction
As one of the five pillars of the Criminal Justice System, the Bureau of Jail Management
and Penology (BJMP) was created to address growing concern of jail management and penology
problem. Primarily, its clients are detainees accused before a court who are temporarily confined
in such jails while undergoing investigation, waiting final judgment and those who are serving
sentence promulgated by the court three (3) years and below. As provided for under R.A. No.
6975, the Jail Bureau is mandated to take operational and administrative control over all city,
district and municipal jails.
On January 2, 1991, the Bureau of Jail Management and Penology was created thru
Republic Act 6975 as a line Bureau under the Department of Interior and Local Government.
The Jail Bureau is the upgraded version of its forerunner, the Office of Jail Management and
Penology of the defunct PC/INP last headed by BRIG GEN Arsenio E. Concepcion.
The BJMP is mandated to direct, supervise and control the administration and operation
of all district, city and municipal jails nationwide with pronged tasks of safekeeping and
development of inmates. The four (4) major programs under the mandate of BJMP are (1)
Inmates Custody, Security and Control Program, (2) Inmates Welfare and Development
Program, (3) Decongestion Program and (4) Good Governance. (http://www.bjmp.gov.ph/
retrieved on October 7, 2014)
The State guarantees full respect for human rights and every person has the right to equal
protection of the laws, but sexual orientation and gender identity are not explicitly mentioned.
The Philippines still lacks an anti-discrimination law.(lib.ohchr.org/.../JS1_UPR_PHL_S13
_2012_JointSubmission1_E.pdf retrieved on September 26, 2014) There still exist discrimination
and abuse for those persons having persistent discomfort with his or her sex and the government
has not yet taken any step to protect the rights of LGBTs even those inside jail facilities.
While statistics about criminal justice and LGBTs in general are lacking, we know that
some groups of LGBTs are likely to come into contact with the criminal justice system, Amnesty
International maintains records of known incidents internationally in which LGBT prisoners and
those perceived to be lesbian, gay, bisexual or transgender have suffered torture, ill-treatment
and violence at the hands of fellow inmates as well as prison officials. (Amnesty International
2001)
A study released in May 2013 by the Bureau of Jail Statistics revealed that LGBT
prisoners are ten times more likely to be sexually abused than straight prisoners. It furthered
revealed that a staggering 39 percent of gay male former state inmates reported being abused by
another inmate. LGBT youth, too, are targets for abuse behind bars. In juvenile corrections
facilities, more than one in ten LGBT youth are victimized by other inmates -- seven times
greater than the rate facing straight youth. (http://www.justdetention.org/en/vulnerable.aspx
retrieved on October 8, 2014)
These unique circumstances of LGBTs under the jurisdiction of both adult and juvenile
criminal justice system makes correctional authorities responsible to ensure the safety of LGBTs
while under their custody, hence, this study.


Statement of the Problem
This study aims to assess the Practices of Bureau of Jail Management and Penology for
Lesbian, Gay, Bisexual, and Transgender Inmates on selected City Jails in Cavite. To attain this
goal, the following specific problems were addressed:
Specifically it sought to answer the following questions:
1. What are the existing practices of BJMP for LGBTs in terms of:
1.1. Inmates Custody, Security and Control;
1.2. Inmates Welfare and Development Program;
1.3. Decongestion Program; and
1.4. Good Governance.
2. What is the level of effectiveness of their programs to the LGBT inmates?
3. Is there a significant relationship between the existing practices and the level of
effectiveness of their programs to the LGBT inmates?
Conceptual Framework
Figure 1 shows the four (4) major programs of the BJMP and their existing practices in
handling LGBT inmates. The BJMP have the primary responsibility of providing humane
safekeeping and development of inmates in all district, city and municipal jails. This study will
assess the effectiveness of their major programs and existing practices of the BJMP officials and
personnel in handling LGBT inmates under their custody.










Figure 1. Paradigm of the Study
Hypothesis
H
0:
There is no significant relationship between the existing practices and the level of
effectiveness of their programs to the LGBT inmates.
Objectives
The main objective of the study is to assess the existing practices of the BJMP in
handling LGBT inmates under their custody and the effectiveness of their program for LGBT
inmates. Specifically this study aims to (1) Assess the Existing Practices of BJMP for LGBT
inmates (1.1) Custody, Security and Jail Control, (1.2) Inmates Welfare and Development
Program; (1.3) Decongestion Program; and (1.4) Good Governance. Whereas to (2) Determine
the level of effectiveness of their programs to the LGBT inmates, and (3) Identify the significant
FOUR (4) MAJOR PROGRAMS
Inmates Custody, Security
and Control
Inmates Welfare and
Development Program
Decongestion Program
Good Governance
BJMP
LGBT
Inmates
relationship between the existing practices and the level of effectiveness of their programs to the
LGBT inmates.

Significance of the Study
This study is significant to:
1. BJMP. This study will be an advocacy issue to address the condition of LGBT
inmates in jails. This will lead to the formulation of an effective segregation program
intended for LGBT inmates. Full attention must be given to the quick evolving needs
of transformation.
2. The BJMP Administrator. The growing needs of LGBT calls special attention of the
officers and staffs. This study could open doors for our jail administrators to accept
the reality that LGBT inmates have more needs to be provided.
3. Criminology students. The by-product of this study-Practice of Bureau of Jail
Management and Penology for Lesbian, Gay, Bisexual, and Transgender Inmates on
Selected City jails in the Province of Cavite- will introduce the students to the trends
and issues happening in the penal system connected to LGBTs and to familiarize
them of the settings inside the jail.
4. Future researchers. This study will serve as a model for similar undertakings at a
broader scale. This study may serve as reference materials to students and researchers
that may conduct another study in relation with this topic.


Scope and Delimitation of the study
This study will be conducted from June 2014 to March 2015. Respondents will be
limited to BJMP personnel and LGBT inmates in selected City jails in Cavite, particularly, Imus,
Dasmarias and Tagaytay. At present there are 27 BJMP personnel and 13 LGBT inmates for
Imus and ____ BJMP Personnel and _____ LGBT inmates for Dasmarias.
The study will focus on the existing practices of BJMP in handling LGBT inmates and
the effectiveness of their four major programs: Inmates Custody, Security and Control; Inmates
Welfare and Development Program; Decongestion Program; and Good Governance for LGBT
inmates.
Definition of Terms
LGBT an acronym which stands for Lesbian, Gay, Bisexual and Transgender, it denotes a
persons orientation toward someone else, in terms of sexual desire which a person finds
sexually attractive and/or romantically attractive to same sex.
Lesbian Commonly refers to women typically attracted to other women
Gay Commonly refers to men typically attracted to other men
Bisexual a person who is romantically or sexually attracted to more than one gender or
sexual category
Transgender a person who has gender identity that is different from his assigned sex at
birth.
Sexual Orientation refers to the erotic and romantic attraction a person feels towards men
and/or women.
Sexual Deviation refers to gender characteristics and/or behavior that do not conform to
those typically associated with a persons biological sex.
Practices refers to the action taken by the authorities to specific issue.
Good Governance the management of society by the people, or as the exercise of authority
to manage a country's affairs and resources











CHAPTER II
Review of Related Literature
Foreign Studies
According United Nations Office on Drugs and Crime, the lesbian, gay, bisexual and
transgender (LGBT) persons comprise a particularly vulnerable group in the criminal justice
system and in prisons. To date relatively little has been written about their special needs, while
information on the discrimination and abuse suffered by this group in criminal justice systems
worldwide is increasing. (United Nations Office on Drugs and Crime, 2009)
LGBT persons when arrested for an alleged offence or when lodging a complaint of
harassment by third parties, may be subjected to further victimization by the police, including
verbal, physical and sexual assault and rape. If such offenders wish to complain about their
treatment by law enforcement officials, their complaints may go unheeded, or they may even
face retaliation, which would discourage them from seeking justice, unless assisted by suitable
legal counsel. Discriminatory attitudes may affect decisions relating to pre-trial detention and
prison sentences. If held in pre-trial detention or prison, their access to lawyers and legal aid may
be problematic in many systems due to the unwillingness of prison staff to assist, based on
deeply rooted prejudices. (United Nations Office on Drugs and Crime, Handbook on prisoners
with special needs, 2009)
According to Marksamer and Tobin, facilities may vary widely in their size,
restrictiveness, and other conditions. The procedures used to classify and house people, the
jargon they use, and the legal standards that apply can also differ for one facility, or type of
facility, to another. LGBT people are vulnerable to mistreatment in all types of confinement
settings. (Marksamer and Tobin, 2013)
The United Nations Office on Drugs and Crime states that international human rights
instruments oblige States to protect all prisoners under their supervision and care, as well as to
assist with their social reintegration. The extreme vulnerability of LGBT persons in the criminal
justice system necessitates the formulation of policies to address the needs of this group and the
development and implementation of strategies that ensure that they are not re-victimized in
prisons, while their particular social reintegration requirements are provided for.
According to the National Institute of Corrections of US Department of Justice, LGBT
individuals in jails, prisons, and juvenile facilities, like all other incarcerated people, have
specific civil rights. By understanding how these rights apply to LGBT people, criminal justice
professionals can gain a greater understanding of how to develop policies and procedures that
provide for the safety of LGBT individuals without violating their civil rights. In addition,
having sound LGBT policies and practices may help mitigate the risk of liability to an agency
and its staff. ( US Department of justice, National Institute of Corrections, 2012)
Agencies need policies to address the treatment of LGBT individuals in custodial settings
to meet constitutional and other obligations to provide humane treatment to those in their
custody. Additionally, strong policies can help mitigate the risk of liability to the agency and its
staff in the event of an incident or litigation. Part of the mission for all correctional agencies is to
provide safe and secure environments for all individuals in their care and custody. State and
federal law imposes legal obligations on correctional and juvenile agencies for the treatment of
all persons in custody, with specific provisions for LGBTI populations (Smith et.al 2013).
LGBT persons who have been raped in prisons may receive inadequate or no medical
treatment for the injuries resulting from the sexual violence, on grounds of their sexual
orientation or gender identity. LGBT prisoners are likely to be in need of psychological support
and mental health care, particularly if they have been sexually abused, whether prior to
imprisonment or in prison. Even if not sexually abused, the discriminatory attitudes and
humiliation they are likely to be subjected to in prisons, will require particular psychological
support and programs to treat the mental distress suffered as a result. LGBT prisoners who have
been victims of rape may be at risk of self-harm or suicide, for which they will require special
supervision and care. (United Nations Office on Drugs and Crime, Handbook on prisoners with
special needs, 2009)
Yogyakarta Principles states that everyone deprived of liberty shall be treated with
humanity and with respect for the inherent dignity of the human person. Sexual orientation and
gender identity are integral to each persons dignity. Therefore, States shall a.) Ensure that
placement in detention avoids further marginalizing persons on the basis of sexual orientation or
gender identity or subjecting them to risk of violence, ill-treatment or physical, mental or sexual
abuse; b.) Provide adequate access to medical care and counselling appropriate to the needs of
those in custody, recognizing any particular needs of persons on the basis of their sexual
orientation or gender identity, including with regard to reproductive health, access to HIV/AIDS
information and therapy and access to hormonal or other therapy as well as to gender-
reassignment treatments where desired; c.) Ensure, to the extent possible, that all prisoners
participate in decisions regarding the place of detention appropriate to their sexual orientation
and gender identity; d.) Put protective measures in place for all prisoners vulnerable to violence
or abuse on the basis of their sexual orientation, gender identity or gender expression and ensure,
so far as is reasonably practicable, that such protective measures involve no greater restriction of
their rights than is experienced by the general prison population; e.) Ensure that conjugal visits,
where permitted, are granted on an equal basis to all prisoners and detainees, regardless of the
gender of their partner; f.) Provide for the independent monitoring of detention facilities by the
State as well as by non-governmental organizations including organizations working in the
spheres of sexual orientation and gender identity; and g.) Undertake programmes of training and
awareness-raising for prison personnel and all other officials in the public and private sector who
are engaged in detention facilities, regarding international human rights standards and principles
of equality and non-discrimination, including in relation to sexual orientation and gender
identity. (http://www.yogyakartaprinciples.org/principles_en.htm retrieved on September 27,
2014)
Local Studies
According to Luces treatment programs, the treatment of inmates shall be focused on
the provision of services designed to encourage them to return to the fold of justice; and enhance
their self-respect, dignity, and sense of responsibility. These treatment should focused on the
following; (a) basic needs of inmates; (b) health services; (c) education and skills training; (d)
religious services; guidance and counseling; (e) recreation services, sports and entertainment; (f)
work programs, such as livelihood projects; (g) visitation services; and (h) mail services.
(Labayo, 2008)
The State guarantees full respect for human rights and every person has the right to equal
protection of the laws, but sexual orientation and gender identity are not explicitly mentioned.
The Philippines still lacks an anti-discrimination Law. (lib.ohchr.org/.../JS1_UPR_PHL_S13
_2012_JointSubmission1_E.pdf retrieved on September 26, 2014)
In general rule, inmates with special needs should not be held in jails with other regular
inmates. However, given the reality of budget constraints, increasing inmate population,
insufficient facilities and inadequately-equipped detention homes, Wardens and Jail Officers
shall endeavor to provide the best arrangement they can for such inmates. It is assumed that the
inmates have been properly evaluated and classified for this purpose (Fetalvero et.al).
As such, LGBT inmates are included in the list of inmates which has special needs, they
are considered as sexual deviates wherein homosexuals should be segregated immediately to
prevent them from influencing other inmates or being maltreated or abused by other inmates
(Fetalvero et.al).









Chapter III
Methodology

This chapter presents the research methodology which includes the research design,
sampling procedure, research instrument, data gathering procedure and statistical techniques that
will be used in the study.
Research Method
The descriptive research methodology will be used for this study. Descriptive methods
involve collection of data in order to answer questions concerning the current status of the
respondent of the study (Calderon and Gonzales, 1993). This study will use a survey
questionnaire to a selected sample from a specific population to assess the current condition of
programs, practices and effectiveness of Bureau of jail management and penology on handling
LGBT inmates.

Sources of Data
The respondents of this study are the BJMP jail officers and staffs, and LGBT prisoners
of the selected jails in Cavite, namely Imus City jail, Dasmarias City jail and Tagaytay City jail
Questionnaires will be given to 29 jail officers and 13 LGBT inmates of the Imus City
Jail and Jail Officers of the Dasmarias City Jail.

Research Instrument
The survey questionnaire will be used as the main instrument in gathering data. It was
specifically designed to assess the existing practices of BJMP for LGBTs in terms of Inmates
Custody, Security and Control, Inmates Welfare and Development Program, Decongestion
Program; and Good Governance. It will also determine the level of effectiveness of their
programs to the LGBT inmates. It will also identify the significant relationship between the
existing practices and the level of effectiveness of their programs to the LGBT inmates.
Interviews and observations will also be conducted. Survey questionnaire will be use to gather
the necessary information from the respondents. The instrument was adopted from previous
studies with little modification made.
The term survey is commonly applied to a research methodology designed to collect
data from a specific population, or a sample from that population, and typically utilizes a
questionnaire or an interview as the survey instrument (Robson, 1993). Sample surveys are an
important tool for collecting and analyzing information from selected individuals. (Rossi,
Wright, and Anderson, 1983).
According to Leary (1995), there are distinct advantages in using a questionnaire vs. an
interview: questionnaires are less expensive and easier to administer than personal interviews;
they lend themselves to group administration; and, they allow confidentiality to be assured.
Robson (1993) indicates that surveys are extremely efficient at providing information in a
relatively brief time period at low cost to the researchers.

Data Gathering Procedure
To ensure the validity of the survey instrument developed by the researcher, the
instrument was subjected to content and construct validity. Three (3) BJMP Officials will be
asked to evaluate the instrument. Their comment and suggestions will be taken into consideration
- Sum of all the products
- Sum of all the respondents
- Sum of the raw scores
- Number of respondents
and will be incorporated in the final draft of the questionnaire which will then be submitted to
the adviser for final approval before its final distribution.
Permission from the BJMP Chief to distribute the survey questionnaires to the different
respondents will be made.

Statistical Treatment
Every statement was rated on the basis of the participants response affected on the scale.
The scales used as follows:
5 Always
4 Often
3 Sometimes
2 Rarely
1 Never
The researcher will be guided by the following:
1. Formula:
Weighted Mean:

Mean:

2. Table of Equivalent/Validation of the Instruments
Verbal Interpretation
There are descriptive words which give the verbal interpretation of the weighted mean.
Weight
Range of Average weighted
mean
Category
5 4.20-5.0 Always
4 3.40-4.19 Often
3 2.60-3.39 Sometimes
2 1.80-2.59 Rarely
1 1.0-1.79 Never